Robert Fleming . I live in Friday-street , I was not at home when the Prisoner took these things out of my house. I lost these goods mentioned in the indictment on the 17th of Oct. between two and three o'clock in the afternoon; I came home and missed my boy out of my warehouse. I went up stairs, and the plate was gone; the maid was up in a two pair of stairs room, these things were all found upon the Prisoner except one pint mug; I saw the half pint mug taken out of his pocket, my boy was in pursuit of him when I came home.

Michael Devet . I am an apprentice to Mr. Fleming, I saw the Prisoner rise up as if he rose out of the ground, by the corner of the entry door, which he must, or else come out of my master's house, between 2 and three o'clock in the afternoon. I saw a silver tankard in his bosom, he walked slowly by the window down the street, he turned up towards the Old Change, I followed him, and overtook him; I told him that tankard did not belong to him, and he should not go off with it; he began to d - n me, and made a blow at me, but missed me, he ran away towards St. Paul's, I called stop thief; near St. Paul's-Church-Yard he flung a tankard at me, I stopt and took it up, he ran, and I after him; the Prisoner put his hand into his pocket and took out a butter-boat, which he trund led at me; a gentleman pursued and collar'd him, then brought him cross St. Paul's-Church-Yard, and gave him to the mob, then carrying him down the Old Change to a constable, he fell down, and there lay, the people thought he had hurt himself; he rose up all on a sudden with a knife in his hand, and swore, the first man that touch'd him he would stab; he made along, and stabb'd Mr. Austin, as he was standing at his own door; he turned up Little Carter-Lane, and the mob pelted him, he took up dirt and stones, and returned them again, then he ran forward, and turn'd into St. Paul's-Church-Yard. then Mr. Alsop a Barber, took him, he was not above a minute's time out of my sight all the time; he was searched, and we found the spoons and a pint pot upon him. We carry'd him to the compter, then my master came, and he was ordered out again to be searched; after he had been in about five minutes, there was taken out of his pocket three neckcloths, a handkerchief, and a half-pint silver mug.

Eliz. Morris. Servant to the Prosecutor deposed, that these things mention'd in the indictment were in the beauset that day at 2 o'clock.

Andrew James deposed, that he with a pairing-shovel seconded the blow given the Prisoner by Mr. Alsop, and brought him to the ground, and of his cutting Mr. Ashton in the arm, and likewise his saying when taken, he was sorry he had not killed him, and also had not cut a dozen more.

Mr. Ashton shewed the wound on his arm, and confirmed what the other had swore.

Richard Vaughan the constable, confirm'd the taking and searching him.

Prisoner's Defence. I have got witness to prove how I came by the plate.

Margaret Thompson . I work for a milliner, and had been home with some work in the Minories; I met him, he ask'd me if I would go and drink a pint of beer, we went to an alehouse near the Mansion-house, at the sign of the Mansion-house; this was about 6 or 7 weeks ago, I cannot tell exactly the day. He met with three men after we had been drinking; he went down almost by Walbrook-Church, and he overtook me again almost by Bow-Church: he had a silver tankard in his hand, said I, you had not this tankard when I was with you, how did you come by it? said he, I bought it of the two men, and had paid part of the money, and was going home to bring them the rest; this was about 3 or 4 o'clock in the afternoon.

Q. How long is this ago?

Thompson. Not above 6 or 7 weeks ago.

Q. What day of the week?

Thompson. It was on a Thursday.

Guilty . Death .

As the Prisoner was in Newgate at the time the woman swore too, she was committed there for perjury.